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1 - 6 of 6 (0.18 seconds)Section 25G in The Industrial Disputes Act, 1947 [Entire Act]
Section 25H in The Industrial Disputes Act, 1947 [Entire Act]
Gurpreet Singh vs State Of Haryana on 12 September, 2002
In Gurpreet Singh v. State of Punjab and
Haryana [(2002) 9 SCC 492], while the appellate court
had directed reinstatement of the employee, the claim
for arrears of salary was denied and it was further
provided that the plaintiff would not be entitled to
get the benefit of continuity of his service. The
Supreme Court stated that once the plaintiff was
directed to be reinstated in service upon setting
aside the order of termination, continuity of service
could not have been denied. The Supreme Court
proceeded to observe,
" ... ... ... It is not a case of fresh
appointment, but it is a case of reinstatement.
That being the position, direction of the High
Court that the plaintiff will not get continuity of
service cannot be sustained and we set aside the
part of the impugned order. So far as the arrears
of salary is concerned, we see no infirmity with
the direction which was given by the lower
appellate court taking into account the facts and
circumstances including the fact that the suit was
filed after a considerable length of time. That
part of the decree denying the arrears of salary
stands affirmed and this appeal stands allowed in
part to the extent indicated above."
Nandkishore Shravan Ahirrao vs Kosan Industries (P) Ltd. on 10 January, 2020
(Para 3)
6.1 Also in Nandkishore Shravan Ahirrao v. Kosan
Industries (P) Ltd. [AIR 2020 SC 1776], the
Page 5 of 6
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C/LPA/1132/2018 ORDER DATED: 23/11/2021
proposition of law was reiterated. In that case, the
Labour Court had not specifically denied the
continuity of service. The Supreme Court observed
that the appellant would be entitled to continuity of
service. It was stated in paragraph No.7 "Ex facie,
the Labour Court having awarded reinstatement to the
appellant, continuity of service would follow as a
matter of law.".
The Industrial Disputes Act, 1947
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